Can you be garnished twice for the same debt?
It's generally not permissible for a creditor to obtain two judgments against a debtor for the same debt. However, due to errors in the collection process, such as lost paperwork or database discrepancies, a debtor might face two lawsuits for the same account.
The short answer is no, you should not have your wages garnished for the same thing twice.
Some debt collectors may try to report a debt on a consumer's credit report twice. Doing so can make a single bad debt hurt twice as much. Though some consumers may have multiple debts owed to the same debt collector or creditor (which can be reported separately), each debt can only be reported one time.
It's not uncommon for two companies to be trying to collect it at one time, but you need to be very careful to only pay the company who are currently tasked with collecting the debt.
Your Bank Account Can Be Levied More Than Once
If you owe more than the creditor got with their first levy, they can keep pursuing levies until the debt is fully paid. Though the judgment creditor does need permission from the court to do this, it's pretty easy for a judgment creditor to get additional court approval.
If your wages or bank account have been garnished, you may be able to stop it by paying the debt in full, filing an objection with the court or filing for bankruptcy.
What States Prohibit Bank Garnishment? Bank garnishment is legal in all 50 states. However, four states prohibit wage garnishment for consumer debts. According to Debt.org, those states are Texas, South Carolina, Pennsylvania, and North Carolina.
Since debt collectors also report accounts to the credit bureaus, their competing reports can make it look like you have multiple outstanding debts, even though they all relate to the same credit. And it's always possible there was some error, either in the submission or processing of the data.
For example, if a collector is unable to make satisfactory arrangements with a consumer after a few months, the individual debt may be bundled with many others and sold to another collection agency. That process can be repeated many times over, even beyond the applicable statute of limitations for the consumer's debt.
Once you receive the validation information or notice from the debt collector during or after your initial communication with them, you have 30 days to dispute all or part of the debt, if you don't believe that you owe it. If you receive a validation notice, the end date of the 30-day period will be specified.
What are 2 things that debt collectors are not allowed to do?
Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.
Generally, paying the original creditor rather than a debt collector is better. The creditor has more discretion and flexibility in negotiating payment terms with you. And because that company might see you as a former and possibly future customer, it might be more willing to offer you a deal.
If the same debt is listed multiple times (possibly with different names) you should dispute the multiple listings with the credit reporting agency and the original creditor or furnisher that provided the information to the credit reporting agency. A multiple listing is not a harmless error.
Some sources of income are considered protected in account garnishment, including: Social Security, and other government benefits or payments. Funds received for child support or alimony (spousal support) Workers' compensation payments.
Collection agencies can access your bank account, but only after a court judgment. A judgment, which typically follows a lawsuit, may permit a bank account or wage garnishment, meaning the collector can take money directly out of your account or from your wages to pay off your debt.
| Weekly | Biweekly | Monthly |
|---|---|---|
| $290.00 or more: MAXIMUM 25% | $580.00 or more: MAXIMUM 25% | $1,256.66 or more: MAXIMUM 25% |
You can file a Claim of Exemption any time after wage garnishment has started, but you'll only get wages back from the time after you submit the claim. If you act quickly, you can stop it before it even starts. By law, your employer cannot fire you for a single wage garnishment.
Many creditors are reluctant to settle debts once they have a garnishment. However, an attorney can help you negotiate the best settlement by offering a lump sum amount or payment terms. A third way to stop a wage garnishment includes becoming current with your debt obligations.
If a creditor has already gone to court and obtained a garnishee summons allowing them to garnishee your wages, the wage garnishment will only stop once it is paid, or if the creditor agrees to stop it.
Another option to protect your bank account from creditors is setting up a trust. There are a lot of different kinds of trusts out there, with the main categories being revocable and irrevocable.
What money Cannot be garnished?
And, if you make less than the federal minimum wage, your entire paycheck is not eligible for garnishment. Similarly, if you receive or have received need-based aid within the last six months, your wages cannot be garnished.
Money you receive and direct deposit to your account or card from the following government programs is protected: Social Security benefits. Supplemental Security Income (SSI) benefits. Veteran's benefits.
If you don't pay the original creditor before the debt is charged-off, your debt can be sold to a debt collector, which means it could appear twice on your credit report.
How Many Times Can You Dispute a Collection or Inaccurate Credit Item? There's no limit to how many times a consumer can dispute an item on their credit report, according to National Consumer Law Center attorney Chi Chi Wu. “In some cases, it will take several disputes to resolve a matter.
Collection agencies cannot report old debt as new. If a debt is sold or put into collections, that is legally considered a continuation of the original date. It may show up multiple times on your credit report with different open dates, but they must all retain the same delinquency date.
